Términos del servicio
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you have with us as a provider (ISTABREEZE-US LLC.
) via the website https://www.istabreeze.shop. Unless otherwise
agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who carries out a legal transaction
purposes that are predominantly neither commercial nor self-employed
can be attributed. An entrepreneur is any natural or legal person or one with legal capacity
A partnership that enters into a legal transaction in the exercise of its independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) We will provide you with a notice when you place the respective product on our website
binding offer to conclude a contract for those stated in the item description
Conditions.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in
You can access the “shopping cart” in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal information as well as the payment and
Shipping conditions, all order details are then displayed again on the order overview page.
If you use an instant payment system as your payment method (e.g. PayPal / PayPal Express, Amazon Payments, Sofort)
use, you will either be taken to the order overview page in our online shop or you will
first redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection there.
Enter your data. Finally, you will be returned to the order overview page in our online shop directed.
Before sending the order, you have the opportunity to check all the information again here
change (also via the “back” function of the internet browser) or cancel the purchase.
By submitting the order using the “order with payment” button you declare
Acceptance of the offer is legally binding and the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will submit a proposal to you regarding this
binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of everything related to the conclusion of the contract
The necessary information is partly automated via email. You must therefore ensure that
the email address you provided to us is correct and receipt of emails is technically ensured
and in particular is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it relates to claims arising from the same
contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the contract have been settled in full
ongoing business relationship. Before ownership of the reserved goods is transferred, there is a pledge
or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, step in now
We transfer all claims in the amount of the invoice amount that arise from the resale to us
accept the assignment. You are still authorized to collect the claim. As far as yours
However, if payment obligations are not properly met, we reserve the right to make a claim
to move in yourself.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item
Ratio of the invoice value of the reserved goods to the other processed items
Time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that
The realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness and obviousness
Check defects and transport damage and report complaints to us and the freight forwarder as quickly as possible
to communicate. If you do not comply, this will have no effect on your legal obligations
Warranty claims.
(3) If you are an entrepreneur, the following warranty provisions apply:
a) Only our own information and the product description are considered to be the quality of the item
manufacturer as agreed, but not other advertising, public praise and statements by the manufacturer
manufacturer.
b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. Beats that
If the defect cannot be remedied, you can, at your discretion, request a reduction in price or withdraw from the contract. The
Remedying defects is deemed to have failed after an unsuccessful second attempt, unless this is particularly the case
the nature of the item or the defect or the other circumstances indicate otherwise. In case of
We do not have to bear the increased costs incurred by sending the goods to you
a place other than the place of performance, unless the shipment is not for the intended purpose
corresponds to the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- Damages that are culpably attributable to us and result from injury to life, limb or injury
health and other damage caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or provided a guarantee for the quality of the item
have;
- for items that have been used for a building in accordance with their usual use and
caused its deficiency;
- in the event of legal recourse claims that you have against us in connection with defect rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that this is mandatory
Provisions of the law of the country of habitual residence of the consumer do not provide protection
is withdrawn (principle of favourability).
(2) Place of performance for all services from the existing business relationships with us and place of jurisdiction
is our registered office if you are not a consumer but a merchant, a legal entity under public law or
are special funds under public law. The same applies if you do not have a general place of jurisdiction
Germany or the EU or the place of residence or habitual residence at the time the action is filed
is not known. The right to appeal to the court at another legal place of jurisdiction remains
unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
ISTABREEZE-US LLC.
8 The Green Suite #6033
Dover, DE 19901
United States
Telephone: +1 814 300 8971
Email: info@istabreeze.us
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform)
ready, available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options
are carried out in accordance with the regulations “Conclusion of the contract” in our General Terms and Conditions
Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. We do not save the complete contract text. Before sending the order via the online
Shopping cart system can print out the contract data using the browser's print function
be secured electronically. After we receive the order, the order data will be legally binding
required information for distance selling contracts and the general terms and conditions again
sent to you by email.
3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data within the framework
a binding offer will be sent in text form, e.g. by email, which you can print out or electronically
can secure.
4. Codes of conduct
4.1. We have adhered to the buyer's seal quality criteria of the Gewerbebund Management AG and thus
subject to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskritik.pdf and
https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. You
include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. You are about one accordingly
designated button on our website or in the respective offer, will be activated in the course of
The ordering process is shown separately and is to be borne by you additionally, unless the
Free shipping is guaranteed.
6.3. If delivery is made to countries outside the European Union, we are not responsible
Other costs may apply, such as customs duties, taxes or money transfer fees (transfer or... Exchange rate fees charged by credit institutions) which you must bear.
6.4. Costs incurred for transferring money (transfer or exchange rate fees from credit institutions)
You will be responsible for payment in cases where delivery is to an EU member state
but was initiated outside the European Union.
6.5. The payment methods available to you are located under an appropriately labeled button
shown on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims are based on the
The contract concluded is due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found
under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and
accidental deterioration of the item sold during shipping only occurs when the goods are handed over
It is transferred regardless of whether the shipment is insured or uninsured. This does not apply if you
independently a transport company not named by the entrepreneur or another to carry out the transport
a specific person has commissioned the dispatch.
If you are an entrepreneur, delivery and dispatch are at your risk.
8. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our general terms and conditions
Terms and Conditions (Part I).
These general terms and conditions and customer information were created by lawyers specializing in IT law and are constantly checked for legal compliance.
last updated: November 19, 2018